Summary: We will not investigate Mr X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault by the panel for us to be able to question its decision.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about an unsuccessful school admission appeal for his daughter (Y).

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We cannot question whether an independent school admissions appeals panel’s decision is right or wrong simply because the complainant disagrees with it. We must consider if there was fault in the way the decision was reached. If we find fault, which calls into question the panel’s decision, we may ask for a new appeal hearing. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and St Benedict’s College, Colchester (St Benedict’s / the School).
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Mr X applied for his daughter to join year 7 at St Benedict’s. Because there were more applications than places available, the School used its oversubscription criteria to decide which children it would offer places. The School did not offer Y a place. The Council offered Y a place at an alternative school and Mr X appealed St Benedict’s decision.

The appeals process

6. Independent appeal panels must follow the law when considering an appeal. They need to consider if the school’s admission arrangements comply with the law, and if they were properly applied to the appellant’s application. They need to decide if admitting a further child would “prejudice the provision of efficient education or the efficient use of resources”. If they think it would, they need to consider if an appellant’s arguments outweigh the prejudice to the school.

The appeal

7. The clerk’s notes show the School’s representative presented their case. They explained the difficulties offering a place would cause. The panel and parents could ask questions.
8. Mr X presented his case, which was in line with his written appeal. Y wanted to attend the School because it aligned with her religious values. Mr X had sent information in support of his appeal from a priest and Y’s primary school. Mr X explained Y’s friends would attend St Benedict’s and he had concerns about the school the Council had offered Y a place at.
9. The panel did not identify any issues with the School’s admission arrangements or how they had been applied. The panel decided admitting a further child would cause the school prejudice. The panel decided the evidence put forward in support of Y’s appeal was not strong enough to outweigh the prejudice admitting Y would cause the School. The panel refused the appeal. The clerk’s letter explained the panel’s decision.

Assessment

10. We are not a right of further appeal and cannot question decisions when the proper process was followed, and decisions were properly taken.
11. Each panel needs to reach a decision based on the information before it. The evidence I have seen shows the panel followed the proper process to consider the appeal.
12. The panel considered all the information before it and reached a decision it was entitled to. It considered the information submitted by Mr X and presented by the School. This includes the key points raised in the appeal. The clerk’s notes record the panel’s deliberations and match the decision letter.
13. While I understand Mr X is unhappy the appeal was unsuccessful, there is not enough evidence of fault by the panel for us to become involved. We will not therefore investigate.

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Final decision

14. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman